ACF: Reveals its humanitarian face
(By: Gomin DAYASRI)
 It is in the zone of the bizarre to the bewildering.
Action Contre la Faim(ACF) the controversial French NGO made a dramatic
entry to the sittings of the Presidential Commission of Inquiry into
Human Rights Violations purporting to safeguard the interest of their
deceased employees but soon took to heel when the relatives of the
deceased employees turned tables and blamed the ACF for negligence and
holding their employer answerable for the 17 deaths.
The passage of the ACF to the Commission was ushered
by a representative for the Eminent Foreign Persons (IIGEPP) who was the
official foreign observer at the Commission. Inviter IIGEP departed
blaming the Commission before the invitee ACF did likewise. In another
vaudeville cartwheel IIGEPs complimented the Commission for their work
in earnest. The Government should take blame for opening the floor to
such burlesque entertainers.
ACF sneaked out of the Commission nary a word. Was it
that they could not stomach the outbursts of the wailing parents? Or
they could not face reality of the situation of their looming liability?
Or were they guilty of negligence of which they were being targeted that
made them play truant? Or did they desire to escape from their impending
imminent strictures?
Walking out of a Commission without an explanation is
a contemptuous act. It is more than an ethical nicety to tender an
explanation-it is a legal obligation. They had the benefit of both local
and foreign legal advisors for assistance. Least they could have done it
to tender an explanation through Counsel retained. At least they could
have tendered an explanation in writing from far away Paris. None was
forthcoming. Still the Commission is unaware of the reasons for slinking
after having obtained the right to represent as the employer of the
deceased persons, possibly on the premise, to safeguard the interest of
their late workers. Can they throw to wind the obligations they
undertook to perform and take flight to Paris especially where their own
conduct was now in the dock due to evidence of the family members?
Having closed in haste the office in Colombo,
remaining insulated in Paris the ACF circulated worldwide a report
condemning Sri Lanka for human rights violations, the Commission and its
investigation officers and its Counsel, the Attorney Generals department
and the local judicial system. If they had issued the report from Sri
Lanka they would have much to answer in terms of the law of contempt as
a party represented at the Commission and leaving without permission and
an explanation. Now the ACF by their conduct makes itself a necessary
party at the Commission as reparation to the next of kin is a mandated
feature in the warrant issued to the Commission.
Commission has in the circumstances announced that the
ACF would be summoned to appear. Rightly so, no party carrying an
obligation which was voluntarily undertaken can take refuge by running
away. The relatives have claimed that their children were dispatched to
Mutur by ACF before making a proper assessment and ascertaining the
realities on the ground. Thereupon a dubious decision was made to hold
the workers captive on the orders of the employer in keeping them bonded
in the office premises in Mutur. Surely a refugee centre with hundreds
of refugees under the control of authorities -both private and official-
has better protection than an premises of an NGO, which had lost access
and maintained only telephonic contact to its branch sans any protection
provided. The culpability is more; knowing that the adjoining premises
(General Hospital-Muter) was shelled on the first day of the clashes. If
the general hospital is subject to attack what protection can the
neighboring office premises of a NGO expect? Yet the employees were
gated in office. For these decisions ACF officials are answerable on the
test of due diligence of an employer.
Notwithstanding the pleas of the deceased workers
themselves, and calls from a high ranking public servant and a prominent
clergyman asking the workers to leave the premises and move to a refugee
shelter the employer forbid their employees to leave because of the
difficulties they would encounter in collecting them when ACF officials
arrive in their vehicles from Trincomalee. ACF was aware that the road
to Trincomalee was not open to traffic. Probably to trace the workers in
refugee camps was thought to be tedious and uncomfortable to those in
the NGO community used to comfortable lifestyles when stationed in
distant outposts. To an international humanitarian organization personal
inconvenience appears to outweigh the importance of the right to life of
17 poor and destitute natives. The evidence has revealed that at the
helm was a recently arrived Frenchman in Trincomalee whose knowledge on
local affairs appears to be scanty. The report of the ACF declares
directions on Mutur situation was issued from their offices in Colombo
and Paris.
The rest of the Mutur refugees left the city to safety
carrying even their chicken. However the ACF with 3 vehicles at their
disposal at the Mutur office with 3 drivers failed to move a single
worker to safety. The evidence on record reveals people in Mutur left
the city on every available vehicle while the ACF vehicles remained in
the garage.
The parent of a deceased worker in a letter to the ACF
has asked the Paris based ACF headquarters "Is this the manner a so
called humanitarian organization acts in respect of their deceased
employees after being responsible for their death? Is this the way, an
institution which talks of humanitarian achievements globally, treat
employees and give instructions which lead to their death and run away
after paying a pittance? They should be made accountable."
The deceased persons families were paid around 2 years
compensation plus a bonus linked to family status and a consideration of
the seniority of the employees within the ACF according to unofficial
ACF sources. Is it compatible with European or French standards; if it
was a national of such a European national who met with their deaths in
similar circumstances? Could they have slipped out after paying around
US $ 4000? On a comparison of compensation packages by Sri Lankan
standards this is grossly inadequate where there is death resulting
during the course of employment.
There is liability under the law of delict where there
is a lack of a duty of care by an employer and in the law of employment
for an act caused due to the orders of an employer which the employee
obeyed. Have these workers being paid their statutory dues of provident
and trust funds? If not would ACF be guilty of statutory offences
punishable with imprisonment as an errant employer? Is this a case where
a humanitarian organization which has closed its office in Sri Lanka and
stealthily left the shores without an explanation without paying proper
compensation and damages and informing the relevant supervisory state
authorities of their due discharge of their lawful obligations.
The tragedy is that the "good Samaritans in these
humanitarian organizations" are well aware that the poor victims come
from humble origins and can be used and disposed and their families do
not have the economic strength or the intellectual fiber or support of
state forces to take issue with them and challenge these organizations
in proper forums and unmask these lords of poverty and exhibit when it
becomes necessary as plundering inhumane missionaries whose agenda is
"to do a little good to extract a pot of gold from their financial
patrons". Should they additionally succeed in internationally
discrediting Sri Lanka's human rights record it will give them more
credibility in attracting friendly donors to enhance their treasury? It
is the NGOs that tell us that we should handle terrorists gently and
softly and make representations internationally of humanitarian
violations in Sri Lanka.
Here is a classic case to place on record the manner
in which an NGO conducts itself when humanitarian considerations places
itself on its own doorstep. Those who attempted to expose Sri Lanka on
human rights now stands exposed themselves for their conduct in the
humanitarian realm. Related News >>
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